Mangino v. Incorporated Village of Patchogue
This case involves a motion for reconsideration filed by the Incorporated Village of Patchogue, Fire Marshall John P. Poulos, and Code Enforcement Officer James Nudo, challenging a prior Memorandum and Order. The Court grants the motion for reconsideration regarding the malicious abuse of process claim, finding defendant Nudo is entitled to qualified immunity because the legal landscape concerning probable cause as a complete defense was not clearly established. However, the Court denies the motion for reconsideration of the Fourth Amendment claim, reaffirming that sufficient factual disputes exist regarding plaintiffs' standing, the presence of exigent circumstances, and Poulos's potential liability for fabricating an exigency, which precludes summary judgment based on qualified immunity.